Wednesday, Jul 27, 2016, 6:38 pm

NLRB Upholds Union’s Right To Endorse BDS Against Israel

Email this article to a friend

UE endorsed the call for BDS at its August convention, making it the first national union in the United States to support the boycott. (Adrien Fauth/ Flickr)

The National Labor Relations Board (NLRB) has upheld a decision to dismiss a complaint against the United Electrical, Radio, and Machine Workers of America (UE) for endorsing a boycott of Israel.

The move is a victory for advocates of the boycott, divestment and sanctions (BDS) movement, which targets Israel over alleged human rights abuses against Palestinians. Earlier this year, the NLRB ruled against Shurat HaDin, the Israeli legal center that brought the complaint seeking an injunction against UE's decision to endorse boycotting Israel. The latest decision was in response to an appeal filed by Shurat HaDin.

UE endorsed the call for BDS at its August convention, making it the first national union in the United States to support the boycott. The resolution denounced Israeli racism and wars in the Gaza Strip and supported an end of U.S. military aid to Israel.

Palestinian trade unions have appealed for solidarity from unions around the world, urging them to endorse the BDS movement, which calls for an end to the Israeli occupation, equal rights for Palestinian citizens of Israel and the right of return for Palestinian refugees. Labor unions in South Africa, the United Kingdom, Brazil, Uruguay, and Canada have endorsed BDS. And in addition to UE, a handful of labor union chapters in the United States has joined the call for a boycott of Israel. These unions have joined a growing movement, modeled on the fight against South African apartheid, to isolate Israel.

In October, two months after UE endorsed BDS, Shurat HaDin filed an unfair labor practice charge with the NLRB. The group alleged that the UE decision to endorse BDS violated U.S. labor law, claiming the union encouraged its members to engage in an illegal “secondary boycott.”

Under U.S. labor law, a union cannot encourage others who work at “neutral employers”—those outside of a direct dispute between a union and its employer—to strike or stop work. In a statement, Nitsana Darshan-Leitner, head of Shurat HaDin, said it was a “violation of American labor law for the union to encourage its members to cease doing business with Israelis and Israeli companies.”

But the NLRB disagreed. The labor board first dismissed the complaint in January. After Shurat HaDin appealed, the NLRB ruled in May that the union’s endorsement of BDS was not a “signal or request” to employees “to engage in a work stoppage against their employers,” which would be illegal.

(The union only recently commented on the NLRB’s decision because it was waiting for the results of a Freedom of Information Act request on the case. It still has not received a response.)

“As a result of the NLRB decision, it really allows for any other unions to go through and endorse the BDS movement without having to deal with ... attacks from organizations that are trying to curb political speech,” Andrew Dinkelaker, general secretary-treasurer of UE, said this month.

Dinkelaker added that the pro-BDS decision was in line with the union’s history of international solidarity, like its support for an end to U.S. aid to apartheid South Africa.

Shurat HaDin did not respond to repeated requests for comment on this story.

BDS activists hope that the boycott Israel movement grows inside labor unions. So far, advocates for BDS have found the most success within graduate student unions.

In December 2014, United Auto Workers-2865, which represents thousands of teaching assistants and other student workers at the University of California, overwhelmingly endorsed BDS. In November 2015, the Connecticut chapter of the American Federation of Labor and Congress of Industrial Organizations called on the national union to boycott and divest from companies complicit in the Israeli occupation. And this year, graduate student unions at New York University, the University of Wisconsin-Madison and the University of Massachusetts endorsed the boycott. The union endorsements of the BDS movement came after actions like August 2014’s “Block the Boat,” in which dockworkers in Oakland, California, heeding the calls of Palestine solidarity activists, refused to unload Israeli goods for four days in protest of Israel’s assault on Gaza that summer.

But as boycott advocates establish a foothold within labor unions, opponents of BDS have gone on the attack against the movement. In addition to the Shurat HaDin charge against UE, a group of anti-BDS members of UAW-2865 appealed the chapter’s endorsement of the boycott. In December 2015, the parent UAW International nullified the chapter’s decision.

Liz Jackson, a staff attorney at Palestine Legal, a group that defends the right to advocate for Palestine in the United States, said that Shurat HaDin’s complaint against UE “never had legs to begin with” because it had no legal merit.

But Jackson said the legal complaint was just one part of a bigger strategy to combat the BDS movement.

“They clearly are bringing obviously frivolous lawsuits and legal complaints to scare supporters of BDS and drain resources,” Jackson added. “They use legal threats as part of the strategy to persuade people in the upper echelons of institutional power structures to crush [BDS]."

Support Progressive Journalism

Donations from readers like you make up a full third of our annual income—that's how critical our end-of-year fundraising drives are. If you want to continue to read independent, progressive journalism in 2019 and beyond, we hope you'll consider chipping in whatever you can today.

I have no idea what you have to do with the Nazi Party member Wlliam Bednarz.

Posted by Richard Rahl on 2016-08-05 06:36:25

good imagination

Posted by William Bednarz on 2016-08-04 13:24:51

PS Congrats to the true Americans of the United Electrical, Radio, and Machine Workers of America (UE) for standing up to the terrorist and apartheid regime the israeli jews have setup in Palestine.

Posted by YoungAmerican on 2016-08-03 16:57:22

Funny how only the 1% is going after BDS and not the common man. Viva the common man! Viva Palestina! Viv America! And viva BOYCOTT DIVEST & SANCTION!

Posted by YoungAmerican on 2016-08-03 16:41:48

Funny how only the 1% is going after BDS and not the common man. Viva the common man! Viva Palestina! Viva America! And viva BOYCOTT DIVEST & SANCTION!

Posted by YoungAmerican on 2016-08-03 14:36:31

I have nothing against the people of Israel or Judaism at large. The fools are the ones who can't separate specific issues from those things.

Posted by cactuspie on 2016-08-03 12:36:20

Your side is that of Nazi Germany.

Posted by Richard Rahl on 2016-08-01 11:23:09

and what side is that?? TRUTH - JUSTICE - The American Way??

Posted by William Bednarz on 2016-08-01 11:18:24

"Propaganda" as you use it is defined as information you don't wnat people to know.

As for your two feet, Nazi, boy. I know you can stand on them. And also goose-step quite nicely.

Posted by Richard Rahl on 2016-08-01 10:50:19

I am no "fool". I simply lack your genocidal hatred of Jewish people.

Your side lost in WW2. Get over it.

Posted by Richard Rahl on 2016-08-01 10:49:28

Oh, another FOOL

Posted by William Bednarz on 2016-08-01 10:45:52

How many feet do you have?? I was taught to stand on my own two feet.Your story of woe - pity me - is for children - Propaganda - GARBAGE

Posted by William Bednarz on 2016-08-01 10:45:16

The NLRB, with its antisemitic ruling, would have fit in quite well in 1930s Germany.

Posted by Richard Rahl on 2016-08-01 06:51:55

Agreed 100%.

Posted by SteveC1 on 2016-07-31 18:49:55

Wrong, Nazi

Our foreign aid to Israel prevents a bloodbath in which millions would be killed by Israeli's ISIS-like enemies.

Posted by Richard Rahl on 2016-07-31 18:08:52

BDS is a bunch of Nazis. Scare them, indeed. There should be consequences to a racist "boycott".

"They use legal threats as part of the strategy to persuade people in the upper echelons of institutional power structures to crush [BDS].' "

I hope it is crushed completely.

Posted by Richard Rahl on 2016-07-31 18:08:06

The BDS movement is nothing more than a slightly more civilized form of antisemitism. But that is all it is: just another step, albeit a slow one, to weaken Israel so it can conquered and its people wiped out.

Posted by Richard Rahl on 2016-07-31 18:07:16

Ummm... The NLRB doesn't approve or disapprove union policies like this. All it does is determine whether the behavior did or didn't violate the secondary boycott statute (Sec. 8(b)4(i)(ii)(B) ). Here the Union expressed its support for the BDS. It did not take any steps to insist that its members enforce it. So the only thing under scrutiny is the union's expression of its opinion--nothing more. That's free speech not only under the First Amendment, but also under Sec. 8(c) of the NLRB's statute. That being the case, the NLRB General Counsel simply declined to proceed. He did not give express approval to the union's support of the BDS. (Plus, there's a pretty good chance that the NLRB General Counsel viewed this as a political matter, not a labor dispute as defined by the same statute.)

So these headlines hooting about the NLRB's approval of the BDS's goals or the NLRB recognizing the rightness of BDS's moral stance are simply hooey. If the charging party can't present evidence that fits the statute, the NLRB doesn't proceed. That's all that happened here. No evidence, no action.

Posted by jim3k on 2016-07-30 23:29:26

Freedom gives us the right to protest - It gives us the right to BOYCOTT - even as Congress passes laws to prevent your knowing what country and regime they are made in NO MORE - COUNTRY OF ORIGIN LABELING???

Posted by William Bednarz on 2016-07-30 11:42:05

Our Foreign Aid to Israel pays for many things - can you count the politicians?

Posted by William Bednarz on 2016-07-30 11:39:41

Nonsense. "Morals" have NOTHING to do with this matter.

Posted by SteveC1 on 2016-07-29 13:28:29

hopefully.....

Posted by Bruce Bowzer on 2016-07-29 12:06:24

I applaud the NLRB for being on the right path of morals.

Posted by moosehorn on 2016-07-28 12:05:39

" 'They clearly are bringing obviously frivolous lawsuits and legal complaints to scare supporters of BDS and drain resources,' Jackson added. 'They use legal threats as part of the strategy to persuade people in the upper echelons of institutional power structures to crush [BDS].' "

- Oh, it will go *far* beyond that...

Posted by SteveC1 on 2016-07-28 11:11:14

About this Blog

"Working In These Times" is dedicated to providing independent and incisive coverage of the labor movement and the struggles of workers to obtain safe, healthy and just workplaces. more